DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transit Australia Pty Ltd T/A Marlin Coast Sunbus
(AG2018/663)

MARLIN COAST SUNBUS UNION ENTERPRISE AGREEMENT 2017

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 JUNE 2018

Application for approval of the Marlin Coast Sunbus Union Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Marlin Coast Sunbus Union Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transit Australia Pty Ltd T/A Marlin Coast Sunbus. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Transport Workers Union (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transit Australia Pty Ltd T/A Marlin Coast Sunbus was the subject of an application before the Fair Work Commission for the approval of the Marlin Coast Sunbus Union Enterprise Agreement 2017. The union representing the bus drivers, the Transport Workers Union of Australia, and the employer sought the Commission's approval for the agreement, which aimed to regulate the terms and conditions of employment for the drivers. The primary dispute centred around whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The legal issues the court had to resolve included whether the agreement contained all the mandated terms as per section 232 of the Fair Work Act, if it was free from any unfair content as required by section 233, and if it adhered to the good faith bargaining obligations under section 231. The court also needed to determine if the agreement was consistent with the public interest, as outlined in section 235 of the Act.

In its decision, the Fair Work Commission found that the agreement was compliant with the statutory requirements. The Commission noted that the agreement contained all necessary mandated terms and was free from any unfair content. It also found that the bargaining process was conducted in good faith and that the agreement was in the public interest. The Commission highlighted that the agreement provided reasonable protections and benefits to the employees while also considering the operational needs of the employer. Consequently, the Commission approved the agreement, finding it to be fair and appropriate for the parties involved.

As a result of the approval, the Fair Work Commission issued an order approving the Marlin Coast Sunbus Union Enterprise Agreement 2017, effective from the date of the decision. The agreement is to be registered with the Fair Work Commission and will govern the employment conditions of the bus drivers until its expiry or until a new agreement is made.

Transit Australia Pty Ltd T/A Marlin Coast Sunbus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established